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Time, Completion and Delay Damages

petersolomon3 English

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Time, Completion and Delay Damages

  1. Site access

    • Failure to give access is a repudiatory breach
  2. The obligation to complete

    • Implied term
      • Supply of Goods and Services Act 1982
      • Charnock v Liberpool Corpn [1968]
    • Completion ceases to apply if:
      • breach of contract or act of prevention by the employer
      • no applicable provision for extension of time
        • Peak Construction (Liverpool) Ltd v McKinney Foundations Ltd
          • Damages restricted to general only
    • EOT clauses protect the contractor against liability for delay
      • If no express provision for EOT - Time is said to be "at large"
        • Complete within a reasonable time
          • No certain LD date
    • Time not generally of the essence
      • Employer can serve notice to make time of the essence, if sufficient time has elapsed
        • Behzadi v Shaftesbury Hotels Ltd
  3. Obligation to progress the works

    • In the absence of express provision, business efficacy may require dilligent and reasonable progress
      • GLC v Cleveland Bridge and Engineering
      • Express provision
        • “expressly and diligently” or with “due expedition and without delay”
  4. Extension of time

    • Contractor liable for delay unless
      • EOT awarded
      • Time is at large
        • To avoid this - contracts include provisions for Employer delay
          • Peak Construction (Liverpool) Ltd v McKinney Foundations Ltd
    • Note condition precedent of contracts
    • Arbitrators can open up and revise up or down, EOT awards
    • Contracts contain rules relating to EOT
      • John Barker Construction Limited v London Portman Hotel Limited
  5. Liquidated Damages

    • Contra preferentum rule applies
    • LD's may not be granted if they are penal, failure to follow condition precedent, acts of prevention by the employer
    • Unliquidated damages
      • Bovis Construction v Whatlings Construction Ltd
        • Failure to mitigate
    • Effect of £NIL insertion
      • Temloc Ltd v Errill Properties Limited
    • Limitations
      • Unenforceable penalty
        • Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Company Ltd “extravagant and unconscionable
      • Time at large
      • Condition precedent
        • Avoncroft Construction Limited v Sharba Homes
      • Waiver or estoppel
  6. Concurrent Delay

    • Three credible theories exist
      • Dominant cause
      • Malmaison case
      • City Inn

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Mind Map on Time, Completion and Delay Damages, created by petersolomon3 on 08/05/2013.
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